The Speaker of Parliament, Alban Bagbin has ruled that it was premature to declare the New Patriotic Party (NPP) Matthew Nyindam’s Kpandai constituency seat vacant, especially as he has initiated an appeal process against the High Court ruling.
On Wednesday, there was a heated debate on the floor of Parliament when the Majority Caucus requested the Speaker to declare Matthew Nyindam of Kpandai a persona non grata and be marched out of the Chamber.
The Majority Chief Whip, Rockson-Nelson Dafeamekpor, said based on the ruling by the Tamale High Court, which had been duly served on Parliament, Mr Nyindam must be barred from participating in all business in the plenary.
But the Minority Leader, Alexander Afenyo-Markin, prayed the Second Deputy Speaker, Andrew Asiamah Amoako, who was then presiding, to reject the Majority’s request.
The argument erupted when Mr Nyindam, whose election was annulled by the Tamale High Court on November 24, 2025, was due to contribute to the debate on the 2026 budget statement on the floor, but the Majority objected to his contribution on the grounds that he was no longer a member of the House.
Persona non grata
Making the appeal to the Speaker to declare the Kpandai MP persona non grata, Mr Dafeamekpor said he received the Tamale High Court order from a bailiff on Tuesday, a reason Mr Nyindam could no longer participate in the business of the House.
He said the Speaker, the Clerk-to-Parliament, and the Legal Department were also properly served with the order today.
The MP for South Dayi said a mere filing of a stay of execution application also did not operate as a stay against the execution of the orders of the court.
Don’t extend courtesies
He said Parliament, having been duly served, had a duty under law to ensure that Mr. Nyindam was no longer extended the courtesies by the House.
Saying that he would not allow his caucus to disobey the orders of the court, Mr Dafeamekpor prayed the Speaker to march Mr Nyindam out of the Chamber based on past precedent.
“I am not saying so, but this is the precedent set by this side when they were here,” he said.
Reject request
Reacting, the Minority Leader challenged Mr Dameakpor’s argument and described it as inappropriate for him to ask the Speaker to march Mr Nyindam out of the Chamber.
Mr Afenyo-Markin prayed the Speaker to reject the Majority Chief Whip’s request to him.
Responding, the second deputy Speaker said he had received written notification from the Speaker to put on hold the matter until he himself resumed the chair.
Bagbin: It is premature to declare Kpandai seat vacant
Clarifying that the Kpandai parliamentary seat cannot be declared vacant as of now on Thursday [November 27], Mr Bagbin said the High Court’s decision—though it invalidates the earlier declaration of Matthew Nyindam as MP—cannot take immediate effect because the law provides for a mandatory seven-day stay of execution in all appealable High Court rulings.
“The effect of the order, to my understanding, is that the EC is to conduct a rerun election within 30 days, implying that the original declaration of Hon. Matthew Nyindam as winner is invalid and the member is no longer an MP,” Bagbin said.
“I however bring to the attention of the House the provisions of the Court of Appeal Rules, 1997 (CI 19) as amended by CI 132, rule 27(3). It provides that there shall be a stay of execution of the judgment or decision appealed against for a period of seven days immediately following the giving of notice of the judgment or decision.”
The Speaker stressed that the rule is mandatory and applies to every High Court decision capable of appeal. He cited the Supreme Court’s decision in Mensah v GCB (2005–2006), which held that any execution before the expiration of the seven-day window is premature and void.
He added that the Court of Appeal reaffirmed this in Clenam Construction Ltd v Valcum Crest (April 7, 2022), noting that the statutory stay exists to allow the losing party time to consider whether to appeal or seek further relief.
Mr Bagbin said the seven-day statutory stay remains in force until December 1, 2025, and therefore the High Court ruling “cannot form the basis for the Speaker to instruct the Clerk to notify the EC that the Kpandai seat is vacant.” He added that should Nyindam choose to appeal, further processes under CI 27(1) would apply.
Mr Bagbin underscored “It is therefore too premature to say that the hon Matthew Nyindam is qualified from entering and participating in the activities of the house because this period stays within the seven days mandatory stay of execution of the order.
